Legal & EthicalQuestion 181 of 200
A CNA, frustrated with a wandering resident, locks the resident in a room without a physician order or care-plan justification. This action is:
a.Acceptable if it is only for a short period
b.Legal because the door has a window
c.Acceptable if family approves
d.False imprisonment, prohibited use of restraint under 42 CFR §483.10(e) and §483.12(a)(2), abuse under W&I §15610.07, and grounds for criminal charges, civil liability, and certification revocation
Explanation
Confining a resident against their will without medical justification, physician order, and informed consent is false imprisonment (civil and criminal tort) and unlawful restraint under federal nursing home regulations. Duration (a), door windows (b), or family approval (c) do not legalize unlawful confinement. The resident has the right to be free from restraints not required for medical symptoms. CDPH may issue immediate jeopardy citations; the CNA faces termination, certification revocation under HSC §1337.9, and possible criminal prosecution. Always use approved behavior plans and least restrictive interventions.
Law Reference: 42 CFR §483.10(e); 42 CFR §483.12(a)(2)Practice all 200 questions free — no signup required.
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